Heidi Renee Pitt v The State Of Oklahoma

F-2002-356

Filed: Feb. 26, 2003

Not for publication

Prevailing Party: Heidi Renee Pitt

Summary

Heidi Renee Pitt appealed her conviction for Unlawful Possession of Methamphetamine. Her conviction and sentence were reversed, and she was not found guilty. Judge Lile dissented, believing there was enough evidence to support the conviction.

Decision

The Judgment and Sentence is REVERSED and REMANDED with instructions to dismiss.

Issues

• was there sufficient evidence to find Ms. Pitt guilty beyond a reasonable doubt?
• did the state provide evidence of Ms. Pitt's knowledge, dominion, or control over the methamphetamine?
• was the evidence adequate to sustain the conviction based on mere proximity to the substance?

Findings

• the evidence was insufficient to support Pitt's conviction
• the Judgment and Sentence is REVERSED and REMANDED with instructions to dismiss

F-2002-356

Feb. 26, 2003

Heidi Renee Pitt

Appellant

v

The State Of Oklahoma

Appellee

SUMMARY OPINION

CHAPEL, JUDGE: Heidi Pitt was tried by jury and convicted of Unlawful Possession of Methamphetamine in violation of 63 O.S.Supp.1999 § 2-402(B)(1), in the District Court of Pushmataha County, Case No. CF-2001-80.¹ In accordance with the jury’s verdict, the Honorable Willard Dreisel sentenced Pitt to two years’ imprisonment with all except the first six (6) months suspended. Pitt appeals this conviction and sentence.

Pitt raises the following proposition of error: The evidence was insufficient to find Ms. Pitt guilty beyond a reasonable doubt. The State offered absolutely no evidence that Ms. Pitt had any knowledge, dominion and/or control over the .04 grams of methamphetamine that co-defendant, Charles Crane, threw on the ground at the time of his arrest.

After thorough consideration of the entire record before us on appeal, including the original record, transcripts, briefs and exhibits of the parties, we find that reversal is required under the law and evidence. We find that the evidence was insufficient to support Pitt’s conviction.²

Decision

The Judgment and Sentence is REVERSED and REMANDED with instructions to dismiss.

ATTORNEYS AT TRIAL

LOWELL R. BURGESS
P.O. BOX 1116
ANTLERS, OKLAHOMA 74523
ATTORNEY FOR DEFENDANT

ATTORNEYS ON APPEAL

DANNY G. LOHMANN
1623 CROSS CENTER DRIVE
NORMAN, OKLAHOMA 73019
ATTORNEY FOR APPELLANT

JAMES R. WOLFE
W.A. DREW EDMONDSON
ASSISTANT DISTRICT ATTORNEY
PUSHMATAHA COURTHOUSE
ANTLERS, OKLAHOMA 74523
ATTORNEY FOR THE STATE

KELLYE BATES
ASSISTANT ATTORNEY GENERAL
112 STATE CAPITOL
OKLAHOMA CITY, OKLAHOMA 73105
ATTORNEYS FOR APPELLEE

OPINION BY: CHAPEL, J.

JOHNSON, P.J.: CONCUR

LILE, V.P.J.: DISSENT

LUMPKIN, J.: CONCUR IN RESULTS

STRUBHAR, J.: CONCUR

² Hishaw v. State, 568 P.2d 643, 644-45 (Okl.Cr. 1977) (possession requires knowledge and some additional evidence of dominion and control over a substance beyond mere proximity to sustain a conviction). Here, there is no evidence indicating Pitt’s knowledge or possession of the methamphetamine. It was found on the ground in a bandanna outside the truck presumably dropped by the driver. Nothing in the evidence suggests she had any knowledge of or dominion and control over the methamphetamine beyond her presence as a passenger in the truck.

LILE, VICE-PRESIDING JUDGE: DISSENT

The evidence is sufficient to support the conviction and the case should be affirmed.

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Footnotes:

1. In accordance with the jury's verdict, the Honorable Willard Dreisel sentenced Pitt to two years' imprisonment with all except the first six (6) months suspended.
2. Pitt was also tried and acquitted of Possession of an Explosive Device.
3. Hishaw v. State, 568 P.2d 643, 644-45 (Okl.Cr. 1977) (possession requires knowledge and some additional evidence of dominion and control over a substance beyond mere proximity to sustain a conviction).

Oklahoma Statutes citations:

• Okla. Stat. tit. 63 § 2-402(B)(1) - Unlawful Possession of Controlled Dangerous Substances

Oklahoma Administrative Rules citations:

No Oklahoma administrative rules found.

U.S. Code citations:

No US Code citations found.

Other citations:

No other rule citations found.

Case citations:

• Hishaw v. State, 568 P.2d 643, 644-45 (Okl.Cr. 1977)